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2021 Amendment to Tamil Nadu Shops and Establishment Act 1947

State Notification of Tamil Nadu · 19476,128 characters of text

The enactment

TypeNotification
Year1947
JurisdictionState of Tamil Nadu
StatusIn force as published by the source
TextPublished as one document, as the source published it
Subjectslabour

Full text

The source publishes this enactment as a single document rather than provision by provision, so the whole text is below and there are no per-section pages for it. Nothing has been shortened.

No. 465] CHENNAI, MONDAY, OCTOBER 4, 2021 Purattasi 18, Pilava, Thiruvalluvar Aandu–2052 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY PUBLISHED BY AUTHORITY © [Regd. No. TN/CCN/467/2012-14.

GOVERNMENT OF TAMIL NADU [R. Dis. No. 197/2009.

2021 [Price: Rs. 8.80 Paise.

Part IV—Section 2 Tamil Nadu Acts and Ordinances Ex-IV-2—465--1 [123] CONTENTS Pages.

ACTS:

No. 24 of 2021—The Tamil Nadu Repealing Act, 2021. 124-128 No. 25 of 2021—The Tamil Nadu Shops and Establishments (Amendment) Act,

2021. .. .. .. .. 129-130 No. 26 of 2021—The Tamil Nadu Shops and Establishments (Amendment) Amendment Act, 2021.

131-132 No. 27 of 2021— The Tamil Nadu Goods and Services Tax (Second Amendment) Act, 2021.

133-136 No. 28 of 2021—The Tamil Nadu Repealing (Second) Act, 2021. 137-140 No. 29 of 2021—The Tamil Nadu Hindu Religious and Charitable Endowments (Amendment) Act, 2021.

141-142 No. 30 of 2021—The Tamil Nadu Hindu Religious and Charitable Endowments (Second Amendment) Act, 2021.

143 129TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY The following Act of the Tamil Nadu Legislative Assembly received the assent of the Governor on the 4th October 2021 and is hereby published for general information:— ACT No. 25 OF 2021.

An Act further to amend the Tamil Nadu Shops and Establishments Act, 1947.

Bඍ it enacted by the Legislative Assembly of the State of Tamil Nadu in the Seventy-second Year of the Republic of India as follows:--

1. (1) This Act may be called the Tamil Nadu Shops and Establishments (Amendment) Act, 2021.

(2) It shall come into force at once.

Short title and commencement.

Tamil Nadu Act XXXVI of 1947.

2. After section 22 of the Tamil Nadu Shops and Establishments Act, 1947, the following section shall be inserted, namely:- “22-A. Seating facilities.-The premises of every establishment shall have suitable seating arrangements for all employees so that they may take advantage of any opportunity to sit which may occur in the course of their work and thereby avoid ‘on their toes’ situation throughout the working hours.”.

Insertion of new section 22-A.

(By order of the Governor) C. GOPI RAVIKUMAR, Secretary to Government (Legislation), Law Department.

131TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY The following Act of the Tamil Nadu Legislative Assembly received the assent of the Governor on the 4th October 2021 and is hereby published for general information:— ACT No. 26 OF 2021.

An Act to amend the Tamil Nadu Shops and Establishments (Amendment) Act, 2018.

Bඍ it enacted by the Legislative Assembly of the State of Tamil Nadu in the Seventy-second Year of the Republic of India as follows:--

1. This Act may be called the Tamil Nadu Shops and Establishments (Amendment) Amendment Act, 2021.

Short title.

Tamil Nadu Act 27 of 2018.

2. For section 3 of the Tamil Nadu Shops and Establishments (Amendment) Act, 2018 (hereinafter referred to as the Amendment Act), the following section shall be substituted, namely:-- Substitution of section 3.

Tamil Nadu Act 27 of 2018.

3. Registration of shops and establishments.--(1) On and from the date of commencement of the Tamil Nadu Shops and Establishments (Amendment) Act, 2018, the employer of every establishment employing ten or more workers shall, within a period of six months from the date of commencement of his business, apply for registration and obtain a registration certifi cate.

(2) Every application for registration under sub-section (1) shall be in such form and in such manner as may be prescribed.

(3) The inspector, on receipt of an application under sub-section (2), register the establishment and issue a registration certifi cate to the employer within twenty four hours in such form as may be prescribed. If the registration certifi cate is not issued within a period of twenty four hours from the date of receipt of application by the inspector, the registration certifi cate shall be deemed to have been granted under this Act.

(4) The inspector shall maintain a Register of establishments, in such form, as may be prescribed.

(5) The registration certifi cate shall be prominently displayed in the establishment by the employer.

(6) The employer shall give intimation to the inspector, of any change in any of the particulars furnished in the application form submitted under sub-section

(2), within a period of thirty days of such change. The inspector shall, on receipt of such intimation, amend the registration certifi cate or issue a fresh registration certifi cate.

(7) The employer shall, within a period of thirty days of the closure of the establishment, give intimation of such closure to the inspector and on receipt of such intimation, he shall cancel the registration certifi cate:

Provided that where the inspector is satisfi ed otherwise than on receipt of such intimation that the establishment has been closed, he shall cancel such registration certifi cate:

Provided further that no cancellation shall be made under the fi rst proviso, unless the employer has been given an opportunity of making representation.

132 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(8) Notwithstanding anything contained in sub-section (1), the employer of every existing establishment employing ten or more workers on the date of commencement of the Tamil Nadu Shops and Establishments (Amendment) Act, 2018 shall furnish the details of the establishment along with a self declaration in such form as may be prescribed to the inspector, within a period of one year from the date of commencement of the Tamil Nadu Shops and Establishments (Amendment) Act, 2018. The inspector shall after recording the intimation furnished by the employer in the Register of establishments, issue a registration certifi cate.”.

Tamil Nadu Act 27 of 2018.

Substitution of section 3.

3. For section 6 of the Amendment Act, the following section shall be substituted, namely:- “6. In section 45 of the principal Act, for the expression “sections 7 to 11, 13 to 23, 25, 26, 29 to 41 and 47”, the expression “sections 3,7 to 11, 13 to 23, 25, 26, 29 to 41, 47, 47-A and 50-A” shall be substituted.” .

(By order of the Governor) C. GOPI RAVIKUMAR, Secretary to Government (Legislation), Law Department.

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